A Brief History History Of Birth Defect Legal

Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur beyond their control. When injuries require specialized treatment and costly procedures, it can result in huge costs for families.

A New York birth defect attorney can help parents who are grieving and file claims to obtain compensation for future expenses. However, the law has strict deadlines on when a claim must be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. However, birth defect law firms defects and injuries can still occur. If they're preventable families must explore their legal options.

Many birth defect suits are founded on accusations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any time during the birth, labor and delivery processes. Medical professionals can also be guilty of malpractice following the birth of a baby in the event that they fail to provide appropriate treatment.

In general the statute of limitations in these cases is 2.5 years from the date of the medical negligence. This time period may be extended for infants. But, it is crucial to seek legal advice as soon as you can to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

When selecting an attorney for a birth defect or birth injury lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can lead to an array of mental or physical ailments. Some birth defects can be fatal. Some of these issues may be genetic while others are triggered by exposure to environmental factors or prescription drugs used during pregnancy.

A doctor or medical professional could be accused of misconduct if they cause birth defects through their actions or inaction. The majority of these cases are caused by medical negligence during delivery or labor. However, they may also include any act or failure to act that is in violation of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One instance of case is a medication called teratogens. This medication can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.

It is important to select an attorney who has experience in handling these types of cases. Look for a law firm that is experienced in this area and works on an on a contingency basis, meaning you won't have to pay a dime unless you succeed. Additionally, you should choose a lawyer with strong communication and negotiation abilities. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require expensive medical treatment and accommodations for the child. These conditions are often caused by genetics, but can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and warn the public of any potential risks. Unfortunately, some pharmaceutical companies do not keep up with research or foresee potential side consequences. Moreover, doctors may prescribe dangerous medicines to their patients and women may not get proper information about the risks associated with taking certain medications during pregnancy. These are known as teratogens, and they can cause birth defects in the fetus, such as spina bifida.

Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals such as mercury that contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that could cause harm to their reproductive health and cause birth defects.

If you are filing an action against the parties that are accountable for your child's health it is essential to gather as much evidence as possible. This includes any blood tests, ultrasound images, and medical bills that arise because of the birth defect. This helps the attorney establish the value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxious experiences of women's lives. However, it's also a time when many medical professionals make mistakes that could lead to birth defects. A top attorney can assist parents in submitting an action and obtaining the amount they deserve from those who are responsible for the impairment of their child.

Although the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This can include exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

In addition, the manufacturer and those who prescribe prescription medications have a responsibility to inform consumers of the dangers. However, a lot of these drugs are marketed off-label to women who are pregnant age without adequate warnings about the possibility of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the development of birth defects resulting from exposure of parents to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.